Health Care Organizations Obligations to meet Patients’ Legal Rights:

Describe in detail two specific legal obligations, required by the federal and or state law, that a health care organization owes to its patients. Include the specific law citation that describes the patient’s rights. Use in-text citations for all statistical references.

Assignment #1: Management Tools for Health Care Organizations to Comply with Patient’s Legal Rights

TOPIC: Violation of HIPAA – confidentiality

Instructions

• Identify two specific legal obligations that a specific health service organization has to its patients and then write a paper discussing all the areas listed in the outline following this subject list.

Include a cover page and a list of references at the end of the paper. Paper will be double spaced and be approximately 4-5 pages in 12 point New Times Roman font.

Note: Outline: Must use the underlined headings from the outline below in your paper and the paper

must be in narrative form not outline or bullet format. 5% penalty deducted from paper if underlined

headings not used in your paper. Paper must be in narrative format not outline or bullets.

Title Page:

Include a cover page [not counted as a page] which should have student name and title of your paper [Provide a short name for the legal responsibility the specific health care organization has for one type of patient right in a specific setting ]

OUTLINE:

1. Official Title of the Law or Laws:

State the official title of the federal and/or state law, the statute and section number.

Must be either a federal statute or state statute and you must cite both if applicable.

Thus if there is both a federal and state law that covers your subject picked then you must cite both.

Do not assume that there is just a federal and or state law. In most cases there is both a federal and state law.

You must use the laws cited in this section throughout the rest of the paper.

Health Care Organization’s Obligations to meet Patients’ Legal Rights:

Describe in detail two specific legal obligations, required by the federal and or state

law, that a health care organization owes to its patients. Include the specific law citation that describes

the patient’s rights. Use in-text citations for all statistical references.

Consequences for Non-Compliance:

First, discuss in general the civil and criminal consequences from either the federal and or state law.

List the two legal obligations from the previous section, then discuss two (2) specific consequences from

the federal and or state law, one consequence for each legal obligation, for the organizations’ non-compliance.

Then for each consequence you must research and discuss one relevant real life case. In other words, you must

discuss one (1) consequence for each legal obligation and have one real life researched case for each consequence.

See outline below. Cases must be found via the internet or print media or from personal real life experiences.

In other words, what would happen if the organization neglected to meet its obligations to its patients?

Be specific. Provide the specific Federal and or state law citations to back up your claim of the consequences.

Provide link to source of information.

1) Legal obligation 1

One specific consequence
One real life case

2) Legal obligation 2

One specific consequence
One real life case

4 Health Service Organization Management Actions to meet Legal Obligations for Patients’ Rights:

Describe in detail three (3) specific management actions, within your control as a health care

manager that you would institute, to ensure the health care organization complies with its

obligations to protect the patients’ rights. Be specific as to each management action you would

personally institute and why. No general comments. These actions may include specific uses

of technology, procedures, human resource training, and other management tools.

5 Conclusion: Summary of your findings above.

Reference List [APA Format]

RUBRIC:

Official Title of the Laws: Provided the proper title, statute and section number of applicable federal and state laws.

Health Service Organization’s Obligations to meet Patients’ legal rights: Provided a comprehensive discussion of two specific legal obligations from federal and state law.

Consequences for Non-compliance: Listed the two specific legal obligations and then fully discussed one specific consequence, from federal and or state law, for each legal obligation and provided details of one real life case for each consequence

Health Service Organization Management Actions to meet Legal Obligations for Patients’ Rights: Described in detail three (3) specific management actions, within your control as a health care manager that you would institute, to ensure the health care organization complies with its obligations to protect patients’ rights.

Conclusion: Provided a comprehensive summary of findings

Information literacy: Paper is well written and fully complies with length, footnoting and referencing requirements

Spelling, Grammar and formatting requirements: The paper is free of obvious grammatical, typographical errors and follows all the formatting requirements. The sentence structure and diction are clear, effective, and diverse. The tone and style are appropriate for the intended audience

source..
Content:

Violation of HIPAA – Confidentiality
Name
Institution
Date
Violation of HIPAA – Confidentiality
Organizations involved in delivering or supporting activities within the health care sector are required to comply with specific laws, which include obligation of duty of care to patients. These laws are designed to regulate the functions of health care entities. This essay explains two legal obligations required by the federal or state laws that health care organization owes to its patients. These laws include the physical self-referral/Stark law and the Health Insurance Portability and Accountability Act of 1996.
The Physician Referral Law of Social Security Act
Under the social security Act section 1877, physicians are prohibited from referring patients to designated health services in case the physician or any of his family members has a financial relationship with that entity unless permitted by certain exceptions. These exceptions are specified in section 42 part 411 (Mannava, Bercovitch & Grant-Kels, 2013). This law also prohibits an entity from presenting claims to Medicare, meaning that no Medicare payment to be made for the DHS because of the prohibited referral .Under this law, an entity shall refund any amount collected for the DHA performed if the laws proves that the act was violated (Mannava, Bercovitch & Grant-Kels, 2013).
The Health Insurance Portability and Accountability Act of 1996 in section 45 CFR part 160 and part 164 guides the use and disclosure of individual health information commonly known as the protected health information. Under this federal law, health care providers have the responsibility to implement and enforce privacy rule. This rule establishes national standards to protect individual medical records and personal health information. The act requires appropriate safeguards and setting of limits and conditions on how to use and disclose patient information. This law gives patients the right over their health information this includes the right to examine and obtain a copy of their health records (Thomas, 2014).
Consequences for Non-Compliance
The physicians self –referral Act describes self-referral as an act where physician refers a patient to a medical facility where he has a financial interest either by ownership, investment or specific structures compensation arrangements. The case between United States, Baklid-Kunz versus Halifax hospital medical center is example of cases that violated the physician self –referral laws commonly known as the Stark law (Adashi & Kocher, 2015).
This case was filed by Halifax former director of physician services who became a whistleblower alleging that Halifax arranged with medical oncologists and neurosurgeons to refer Medicare patients for designated health services. Halifax arrangement made by oncologists failed to comply with Stark Law exceptions. Since the bonus pool included revenues generated from health services referred by the physicians, Halifax arrangements failed to comply with Stark laws exception (Medeiros, 2013).